Section 21 Crimes Act 1958 Threats to inflict serious injury

21. Threats to inflict serious injury

A person who, without lawful excuse, makes to another person a threat to inflict serious injury on that other person or any other person-

(a)  intending that that other person would fear the threat would be carried out; or

(b)  being reckless as to whether or not that other person would fear the threat would be carried out-

is guilty of an indictable offence.

(a) The accused, without lawful excuse, made a threat to another person to inflict serious injury to that person or some other person.

(b) The accused either intended that that other person would fear that the threat would be carried out or was reckless as to whether that person would so fear.

(a) Duress.

(b) Factual dispute.

(c) Lack of intent/recklessness.

(d) Mental impairment.